RFP-S-25700-00005629- Movable High Density Storage System.doc

OregonBuys Bid # S-25700-00005629

State of Oregon

Cover Page

OREGON STATE POLICE

is issuing this Intermediate Procurement under S-25700-00005629 for

Movable High Density Storage System Date of Issue: February 1, 2023 Opening Date: March 3, 2023 Single Point of Contact (SPC):

Enrique Rodriguez, Procurement & Contracts Address:

3545 Trelstad Ave SE City, State, Zip Salem, OR 97317 Phone:

503-378-2889 E-mail:

egrodrig@osp.oregon.gov The State of Oregon promotes equal opportunity for all individuals without regard to age, color, disability, marital status, national origin, race, religion or creed, sex or gender, sexual orientation, or veteran status.

Table of Contents

3SECTION 1:

GENERAL INFORMATION

31.1

INTRODUCTION

31.2

SCHEDULE

31.3

SINGLE POINT OF CONTACT (SPC)

3SECTION 2:

AUTHORITY, OVERVIEW, AND SCOPE

32.1

AUTHORITY AND METHOD

42.2

DEFINITION OF TERMS

42.3

OVERVIEW AND PURPOSE

42.4

SCOPE OF WORK/SPECIFICATIONS

5SECTION 3:

PROCUREMENT REQUIREMENTS AND EVALUATION

53.1

MINIMUM OFFER REQUIREMENTS

53.2

MINIMUM SUBMISSION REQUIREMENTS

53.3

PROCUREMENT PROCESS

93.4

OFFERS CONTENT REQUIREMENTS

103.5

EVALUATION PROCESS

113.6

COST EVALUATION

113.7

NEXT STEP DETERMINATION

123.8

PREFERENCES

123.9

POINT AND SCORE CALCULATIONS

133.10

RANKING OF OFFERORS

13SECTION 4:

AWARD AND NEGOTIATION

134.1

AWARD NOTIFICATION PROCESS

134.2

RESERVED

144.3

CONTRACT NEGOTIATION

15SECTION 5:

ADDITIONAL INFORMATION

155.1

CERTIFIED FIRM PARTICIPATION

155.2

GOVERNING LAWS AND REGULATIONS

155.3

OWNERSHIP/PERMISSION TO USE MATERIALS

165.4

CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

165.5

COST OF SUBMITTING AN OFFER

165.6

STATEWIDE E-WASTE/RECOVERY PROCEDURE

165.7

RECYCLABLE PRODUCTS

165.8

165.9

16SECTION 6:

LIST OF ATTACHMENTS

16ATTACHMENT A

SAMPLE CONTRACT (For Reference only, Do Not Submit with Proposal)

16ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT

16ATTACHMENT C

OFFEROR INFORMATION AND CERTIFICATION SHEET

16ATTACHMENT D

REFERENCE CHECK FORM

16ATTACHMENT E

COST SHEET

16ATTACHMENT F

COBID CERTIFICATION / OUTREACH PLAN

16ATTACHMENT G

RESPONSIBILITY INQUIRY

16ATTACHMENT H

HISTO ROOM DIAGRAM

SECTION 1: GENERAL INFORMATION

1.1 INTRODUCTION

The State of Oregon, acting by and through the Department of Oregon State Police, (“Agency”), is issuing this Intermediate Procurement to solicit for a movable high-capacity storage solutions specifically designed for storing glass slides & paraffin blocks.

Due to funding limitations, all goods must be delivered, and related services must be completed before the end of the biennium on June 30, 2023.

Additional details on the Scope of the goods or services or both are included in the Scope of Work section.

Agency anticipates the award of one (1) Contract from this solicitation.

1.2 SCHEDULE

The table below represents a tentative schedule of events. All times are listed in Pacific Time. All dates listed are subject to change. N/A denotes that event is not applicable to this solicitation.

1.3 SINGLE POINT OF CONTACT (SPC)

The SPC for this solicitation is identified on the Cover Page, along with the SPC’s contact information. Offeror shall direct all communications related to any provision of the solicitation, whether about the technical requirements of the solicitation, contractual requirements, the solicitation process, or any other provision only to the SPC.

SECTION 2: AUTHORITY, OVERVIEW, AND SCOPE

2.1 AUTHORITY AND METHOD

Agency is issuing this solicitation pursuant to its authority under ORS 279A.050 and ORS 279A.140.

Agency is using the Intermediate Procurement solicitation method set forth in ORS 279B.070 and OAR 125-247-0270.

2.2 DEFINITION OF TERMS

For the purposes of this solicitation, capitalized words will refer to the following definitions.

General Definitions Capitalized terms not specifically defined in this document are defined in OAR 125-246-0110.

Project Specific Definitions

RESERVED

2.3 OVERVIEW AND PURPOSE

The Oregon State Police (OSP) is a multi-disciplined organization charged with protecting the people, wildlife, and natural resources in Oregon. OSP enforces the traffic laws on the state’s roadways, investigate and solve crimes, conduct post-mortem examinations and forensic analysis, and provide background checks and law enforcement data. OSP regulates gaming, the handling of hazardous materials, and fire codes, and educates the public on fire safety and enforce fish, wildlife, and natural resource laws.

Within OSP exists the State of Oregon Medical Examiner’s Division (ME). The ME manages all aspects of the state medical examiner program with responsibility for the technical supervision of county offices in each of Oregon’s 36 counties. The ME certifies the cause and manner of a death requiring investigation within the authority of ORS Chapter 146. This activity may include post-mortem examination or alcohol and drug analyses. The ME maintains state records and provides lectures and training on legal medicine and death investigations to medical school physicians and students, attorneys, law students, police officers, emergency medical technicians, and other persons associated with the death investigation system.

This solicitation is to provide the ME with a movable high-capacity storage solution specifically designed for storing glass slides & paraffin blocks. This will be new to the ME as it currently does not have one.

2.4 SCOPE OF WORK/SPECIFICATIONS

The scope of this solicitation is to provide the ME with a movable high-capacity storage solution specifically designed for storing glass slides & paraffin blocks inside the current facility’s available vacant room. See ATTACHMENT H- HISTO ROOM DIAGRAM for room dimensions.

Movable Aisle Shelving Minimum Requirements:

· Designed specifically to maximize every inch of space for storing glass slides & paraffin blocks.

· Histology specimen storage system accommodates at least 50,000 glass slides and 50,000 paraffin blocks.

· Includes customized glass slide and paraffin block storage compartments within each shelf

· Movable to remove unnecessary access aisles and to compact them to save floor space. Adjustable shelving compartments, so that glass slides and paraffin blocks stack vertically.

· Ergonomically designed so that a 5’ft 6” inch person can reach the top shelves without assistance. Consideration will be given if systems incorporate safe, well-designed steps and/or a ladder.

· Heavy-duty construction to support the full capacity of the maximum designed weight of the glass slides and paraffin blocks.

· Aisle safety measures to protect glass slides and paraffin blocks.

· Must be able to supply and install storage system no later than June 1, 2023.

SECTION 3: PROCUREMENT REQUIREMENTS AND EVALUATION

3.1 MINIMUM OFFER REQUIREMENTS

BUSINESS

RESERVED

TECHNICAL

RESERVED

3.2 MINIMUM SUBMISSION REQUIREMENTS

Offeror Format and Quantity Offeror should follow the format and reference the sections listed in the Offeror Content Requirements section. Responses to each section and subsection should be labeled to indicate the item being addressed. Offeror must describe in detail how requirements of this solicitation will be met and may provide additional related information. Cost information must be submitted as a separate electronic file.

Authorized Representative

A representative authorized to bind the Offeror shall sign the Offer. Failure of the authorized representative to sign the Offer may subject the offer to rejection by Agency.

3.3 PROCUREMENT PROCESS

Public Notice The solicitation, including all Amendments and attachments, are published in the OregonBuys e-procurement system Solicitation documents will not be mailed to prospective Offerors.

Agency shall advertise all Amendments on OregonBuys e-procurement system. Prospective Offeror is solely responsible for checking OregonBuys to determine whether or not any Amendments have been issued. Amendments are incorporated into the solicitation by this reference.

Questions / Requests for Clarification All inquiries, whether relating to the solicitation process, administration, deadline, or method of award, or to the intent or technical aspects of the solicitation must:

· Be emailed to the SPC

· Reference the OregonBuys bid number

· Identify Offeror’s name and contact information

· Be sent by an authorized representative

· Refer to the specific area of the solicitation being questioned (i.e. page, section, and paragraph number); and

· Be received by the due date and time for Questions/Requests for Clarification identified in the Schedule Pre-Offer Conference

A pre-submittal conference will be held at the date and time listed in the Schedule. Prospective Offerors’ participation in this conference is mandatory.

The purpose of the pre-submittal conference is to:

· Provide additional description of the project;

· Explain the solicitation process; and

· Answer any questions Offerors may have related to the project or the process.

Statements made at the pre-submittal conference are not binding upon Agency. Offerors may be asked to submit questions in Writing.

Attendance at Pre-Submittal Conference Participation will be in person. Failure to attend may result in not being eligible to bid.

Location: OSP: Medical Examiner, 13309 SE 84th Ave, Ste 100, Clackamas OR 97015, United States.

Participants are required to RSVP no later than February 14, 2023, at 12:00 PM (noon). To RSVP, email Forensic Manager 1 Kelsey Evans at kelsey.evans@osp.oregon.gov. Kelsey is able to clarify location direction questions as needed. Please note that this is a secure building, visitors will need to be escorted at all times once they check in.

Any Specifications or related RFP questions need to be directed the SPC listed on this document.

Offer Submission

Offeror is solely responsible for ensuring its Offer is received by the SPC in accordance with the solicitation requirements before Opening. Agency is not responsible for any delays in mail or by common carriers or by transmission errors or delays or mistaken delivery. Offers submitted by any means not authorized may be rejected.

Submission Options OregonBuys Electronic Response. Offeror should submit its Offer electronically through OregonBuys. Offeror should follow the procedures outlined in detailed instructions on how to submit an Offer can be found at OregonBuys Vendor Formal Solicitation Response.pdf The cost sheet must be submitted as a separate electronic response file.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B). Offeror shall also mark as “Confidential” in OregonBuys all attachments to its Offer that Offeror believes are exempt from disclosure

The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature.

Offeror may submit its offer by hard copy or other electronic media.

Hard Copy Response

If Offeror elects to submit its Offer by hard copy, Offeror shall submit its Offer and all other submittal requirements using only white 8 ½” x 11” Recycled Paper, minimum 12 point font. Offeror shall submit a copy of its offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, and three (3) additional copies. If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478) Offeror also shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

Offeror shall submit its Offer in a sealed package addressed to the SPC with the Offeror’s name and the OregonBuys bid number clearly visible on the outside of the package.

Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, on USB drive, DVD, or CD in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed so it does not exceed 10 megabytes. If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

Other Electronic Media Response

If Offeror elects to submit its Offer by other electronic media, Offeror shall submit one copy of its Offer and all other submittal requirements, with Attachment C - Offeror Information and Certification Sheet bearing the Offeror’s authorized representative’s Signature, on USB drive, DVD, or CD in one of the following formats: Adobe Acrobat (pdf), Microsoft Word (docx), or Microsoft Excel (xlsx). The total combined file size of all documents should be compressed so it does not exceed 10 megabytes. If Offeror believes any of its Offer is exempt from disclosure under Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall submit a fully redacted version of its Offer, clearly identified as the redacted version.

Offeror shall submit its Offer in a sealed package addressed to the SPC with the Offeror’s name and the OregonBuys bid number clearly visible on the outside of the package.

The total combined size of the offer should be compressed so it does not exceed 10 megabytes.

The Offeror Information and Certification Sheet (Attachment C) must bear the Offeror’s authorized representative’s Signature.

Offeror shall submit its Offer in a sealed package addressed to the SPC with the Offeror’s name and the OregonBuys bid number clearly visible on the outside of the package. Offer may be submitted electronically through OregonBuys.

Modification or Withdrawal of Quotes or Offers Any Offeror who wishes to make modifications to an Offer already received by Agency shall submit its modification in one of the manners listed in the offer Submission Options section and must denote the specific change(s) to the offer submission.

If an Offeror wishes to withdraw a submitted Offer, it shall do so prior to Opening. The Offeror shall submit a Written notice Signed by an authorized representative of its intent to withdraw its Offer in accordance with OAR 125-247-0440. The notice must include the OregonBuys Bid number and be submitted to the SPC.

3.3.1 Offer Opening Date

Offer and all required submittal items must be received by the SPC on or before Opening. All Offer modifications or withdrawals must be completed prior to Opening.

Offers received after Opening are considered LATE and will NOT be accepted for evaluation. Late Offers will be returned to the respective Offeror or destroyed.

Offer Rejection Agency may reject an Offer for any of the following reasons:

· Offeror fails to substantially comply with all prescribed solicitation procedures and requirements, including but not limited to the requirement that Offeror’s authorized representative sign the offer.

· Offeror fails to meet the responsibility requirements of ORS 279B.110.

· Offeror has undisclosed liquidated and delinquent debt owed to the State of Oregon or any of its agencies, boards, commissions, departments, or divisions.

· Offeror makes any contact regarding this solicitation with State representatives such as State employees or officials other than the SPC or those the SPC authorizes, or inappropriate contact with the SPC.

· Offeror attempts to inappropriately influence a member of the Evaluation Committee.

· Offeror is conditioned on Agency’s acceptance of any other terms and conditions or rights to negotiate any alternative terms and conditions that are not reasonably related to those expressly authorized for negotiation in the solicitation or Amendment.

Opening of Offers There will be no public Opening of Offers. Offers received will not be available for inspection until after the evaluation process has been completed and the Notice Award is issued. However, Agency will record and make available the identity of all Offerors after Opening.

3.4 OFFERS CONTENT REQUIREMENTS

Offeror must address each of the items listed in this section and all other requirements set forth in this solicitation. Offeror shall describe the Goods to be provided or the Services to be performed or both. An Offer that merely offers to provide the goods or services as stated in this solicitation will be considered non-Responsive to this solicitation and will not be considered further.

Offeror Information and Certification Sheet The Offeror shall complete and submit the Offeror Information and Certification Sheet (Attachment C).

References

Provide at least three (3) references from current or former client firms for similar projects performed for any clients within the last three (3) years. References must verify the quality of previous, related Work.

Agency may check to determine if references provided support Offeror’s ability to comply with the requirements of this solicitation. Agency may use references to obtain additional information, break tie scores, or verify any information needed. Agency may contact any reference (submitted or not) to verify Offeror’s qualifications.

Offeror shall send the Reference Check Form (Attachment D) to its references. Reference forms must be completed by the reference, returned to the Offeror, and submitted with the Offer prior to opening.

Costs Fixed Price – Lump Sum Payment

Submit a detailed Cost Sheet (Attachment E) stating the total price for the entire project. Include a breakdown of all labor, material, and any other related expenses not otherwise classified.

Public Record/Confidential or Proprietary Information

All Offers are public record and are subject to public inspection after Agency issues the Notice of the Intent to Award. If an Offeror believes that any portion of its Offer contains any information that is a trade secret under ORS Chapter 192.345(2) or otherwise is exempt from disclosure under the Oregon Public Records Law (ORS 192.311 through 192.478), Offeror shall complete and submit the Disclosure Exemption Affidavit (Attachment B) and a fully redacted version of its Offer.

Offeror is cautioned that cost information generally is not considered a trade secret under Oregon Public Records Law (ORS 192.311 through 192.478) and identifying the Offer, in whole, as exempt from disclosure is not acceptable. Agency advises each Offeror to consult with its own legal counsel regarding disclosure issues.

If Offeror fails to identify the portions of the Offer that Offeror claims are exempt from disclosure, Offeror has waived any future claim of non-disclosure of that information.

3.5 EVALUATION PROCESS

Responsiveness and Responsibility Determination Offers received prior to Opening will be reviewed for Responsiveness to all solicitation requirements including compliance with Minimum Requirements section and offer Content Requirements section. If the Offer is unclear, the SPC may request clarification from Offeror. However, clarifications may not be used to rehabilitate a non-Responsive Offer. If the SPC finds the Offer non-Responsive, the Offer may be rejected, however, Agency may waive mistakes in accordance with OAR 125-247-0470.

In accordance with OAR 137-047-0261(6)(a)(A), Agency may establish a Competitive Range of all Offerors who have made a good faith effort in submitting an offer in response to this solicitation for the purpose of correcting deficiencies in Offers for determining responsiveness during Round 1, if multiple rounds are needed.

At any time prior to award, Agency may reject an Offeror found to be not Responsible.

Evaluation Criteria Offers meeting the requirements outlined in the Offer Content Requirements section will be evaluated by an Evaluation Committee. Evaluators will assign a score of 0% to 100% for each evaluation criterion listed below in this section.

SPC may request further clarification to assist the Evaluation Committee in gaining additional understanding of offers. A response to a clarification request must be to clarify or explain portions of the already submitted Offer and may not contain new information not included in the original Offer.

Evaluation Item 1 Design

· How well does the proposed system maximize every inch of available space?

Evaluation Item 2 Design

· How well does the proposed support the full capacity of the maximum designed weight of the glass slides and paraffin blocks?

Evaluation Item 3 Timeline

· How well does the vendor demonstrate a plan to complete installation by the deadline?

Evaluation Item 4 Timeline

· How well does the vendor articulate a plan for project management or communication with agency?

3.6 COST EVALUATION

The SPC will conduct the cost evaluation. The SPC will award a score to each Cost Sheet based upon the percentage of the proposed cost as compared to the lowest Offeror’s cost using the following formula:

cost being scored

3.7 NEXT STEP DETERMINATION

Agency may conduct additional rounds of competition if in the best interest of the State. Additional rounds of competition may consist of, but will not be limited to:

· Establishing a Competitive Range

· Presentations/Demonstrations/Additional Submittal Items

· Interviews

· Best and Final Offers If Agency elects to conduct additional round(s), Agency shall provide written notice to all Offerors describing the next step. At any time, Agency may dispense with the selected additional round and: (1) issue a Notice of Intent to Award to the highest ranking Responsible Offeror; or (2) elect to conduct an alternative round of competition; or (3) cancel the solicitation.

3.8 PREFERENCES

Oregon Supplies and Services

Agency prefers Oregon goods and services, and for evaluation purposes, per ORS 279A.128, Agency shall subtract 10% from the cost for any Offeror proposing all Goods fabricated or processed or all Services performed entirely in Oregon before calculating the cost score.

Recycled Materials

In comparing Goods from two or more Offerors, if at least one Offeror proposes Goods manufactured with Recycled Materials, and at least 1 Offeror does not, Agency will select the Offeror proposing Goods manufactured from Recycled Materials if each of the conditions specified in ORS 279A.125 (2) exists following any adjustments made to the cost of the Goods according to any applicable reciprocal preference.

Tiebreakers Oregon Supplies: If Agency receives Offerors identical in cost, fitness, availability, and quality and chooses to award a Contract, Agency shall award the Contract in accordance with the procedures outlined in OAR 125-246-0300.

3.9 POINT AND SCORE CALCULATIONS

Scores are the values (0 through 10) assigned by each evaluator.

Points are the total possible value for each section as listed in the table below.

The SPC will average all scores for each evaluation criterion. The average score will be used as a percentage multiplier of the maximum possible points for that criterion. 1=10%, 5=50%, 9=90%, etc.

Cost points are calculated as stated in the Cost Evaluation section. Points possible are as follows:

EXAMPLE:

Offeror A receives scores of 10, 9, and 8 for a criterion worth 50 points. The SPC averages 10, 9, and 8 for a score of 9. 9 is used as a 90% multiplier to the possible points of 50. 50 multiplied by 90% is 45. Offeror A’s points for the criterion is 45.

3.10 RANKING OF OFFERORS

The SPC will total the final average score (calculated by totaling the points awarded by each Evaluation Committee member and dividing by the number of members), together with references, and final price. After each applicable preference has been applied, SPC will determine rank order for each respective Offer and Offeror, with the highest score receiving the highest rank, and successive rank order determined by the next highest score.

SECTION 4: AWARD AND NEGOTIATION

4.1 AWARD NOTIFICATION PROCESS

Award Consideration

Agency, if it awards a Contract, shall award a Contract to the highest ranking Responsible Offeror(s) based upon the scoring methodology and process described in Section 3. Agency may award less than the full Scope defined in this solicitation.

Notice of Award Agency will notify all Offerors in Writing that Agency has awarded a Contract to the selected Offeror(s) subject to successful negotiation of any negotiable provisions.

4.2 RESERVED

Insurance

Prior to execution of the Contract, the apparent successful Offeror shall secure and demonstrate to Agency proof of insurance coverage meeting the requirements identified in the solicitation or as otherwise negotiated.

Failure to demonstrate coverage may result in Agency terminating Negotiations and commencing Negotiations with the next highest ranking Offeror. Offeror is encouraged to consult its insurance agent about the insurance requirements contained in Insurance Requirements (Exhibit C of Attachment A) prior to offer submission.

Taxpayer Identification Number

The apparent successful Offeror shall provide its Taxpayer Identification Number (TIN) and backup withholding status on a completed W-9 form if either of the following applies:

· When requested by Agency (normally in an intent to award notice), or

· When the backup withholding status or any other information of Offeror has changed since the last submitted W-9 form, if any.

Agency will not make any payment until Agency has a properly completed W-9.

Business Registry If selected for award, Offeror shall be duly authorized by the State of Oregon to transact business in the State of Oregon before executing the Contract. The selected Offeror shall submit a current Oregon Secretary of State Business Registry number, or an explanation if not applicable.

All Corporations and other business entities (domestic and foreign) must have a Registered Agent in Oregon. See requirements and exceptions regarding Registered Agents. For more information, see Oregon Business Guide, How to Start a Business in Oregon and Laws and Rules. The titles in this subsection are available at the following Internet site: http://www.filinginoregon.com/index.htm.

4.3 CONTRACT NEGOTIATION

Negotiation

By submitting an offer, Offeror agrees to comply with the requirements of the solicitation, including the terms and conditions of the Sample Contract (Attachment A), with the exception of those terms reserved for negotiation.

Offeror shall review the attached Sample Contract and note exceptions. Unless Offeror notes exceptions to the terms and conditions identified as negotiable in its Offer, the State intends to enter into a Contract with the successful Offeror substantially in the form set forth in Sample Contract (Attachment A). It may be possible to negotiate some provisions of the final Contract; however, many provisions cannot be changed. Offeror is cautioned that the State of Oregon believes modifications to the standard provisions constitute increased risk and increased cost to the State.

Any Offer that is conditioned upon Agency’s acceptance of any other terms and conditions may be rejected. Any subsequent negotiated changes are subject to prior approval of the Oregon Department of Justice.

Agency will only negotiate the following provision:

· Term of the contract

· Descriptions of goods and services

· Compensation

In the event that the parties have not reached mutually agreeable terms within fourteen 14 calendar days, Agency may terminate Negotiations and commence Negotiations with the next highest ranking Offeror.

SECTION 5: ADDITIONAL INFORMATION

5.1 CERTIFIED FIRM PARTICIPATION

Pursuant to Oregon Revised Statute (ORS) Chapter 200, Agency encourages the participation of small businesses, certified by the Oregon Certification Office for Business Inclusion and Diversity (“COBID”) in all contracting opportunities. This includes certified small businesses in the following categories: disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business. Agency also encourages joint ventures or subcontracting with certified small business enterprises. For more information, visit: https://oregon4biz.diversitysoftware.com/FrontEnd/VendorSearchPublic.asp?XID=6787&TN=oregon4biz If the Contract has potential subcontracting opportunities, the successful Offeror may be required to submit a completed Certified Disadvantaged Business Outreach Plan (Attachment F) prior to execution.

5.2 GOVERNING LAWS AND REGULATIONS

This intermediate procurement is governed by the laws of the State of Oregon. Venue for any administrative or judicial action relating to this intermediate procurement, evaluation and award is the Circuit Court of Marion County for the State of Oregon; provided, however, if a proceeding must be brought in a federal forum, then it must be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. In no event shall this Section be construed as a waiver by the State of Oregon of any form of defense or immunity, whether sovereign immunity, governmental immunity, immunity based on the eleventh amendment to the Constitution of the United States or otherwise, to or from any Claim or consent to the jurisdiction of any court.

5.3 OWNERSHIP/PERMISSION TO USE MATERIALS

All Offers submitted in response to this solicitation become the property of Agency. By submitting an Offer in response to this solicitation, Offeror grants the State a non-exclusive, perpetual, irrevocable, royalty-free license for the rights to copy, distribute, display, prepare derivative works of and transmit the Offer solely for the purpose of evaluating the Offer, negotiating a Contract, if awarded to Offeror, or as otherwise needed to administer the intermediate procurement process, and to fulfill obligations under Oregon Public Records Law (ORS 192.311 through 192.478).

5.4 CANCELLATION OF SOLICITATION; REJECTION OF OFFERS; NO DAMAGES.

Pursuant to ORS 279B.100, Agency may reject any or all Offers in-whole or in-part or may cancel this solicitation at any time when the rejection or cancellation is in the best interest of the State or Agency, as determined by Agency. Neither the State nor Agency is liable to any Offeror for any loss or expense caused by or resulting from the delay, suspension, or cancellation of the solicitation, award, or rejection of any Offer.

5.5 COST OF SUBMITTING AN OFFER

Offeror shall pay all the costs in submitting its offer, including, but not limited to, the costs to prepare and submit the offer, costs of samples and other supporting materials, costs to participate in demonstrations, or costs associated with protests.

5.6 STATEWIDE E-WASTE/RECOVERY PROCEDURE

If applicable, Offeror shall include information in its offer that demonstrates compliance with the Statewide E-Waste/Recovery Procedure 107-011-050_PR. Download the procedure by visiting www.oregon.gov/DAS, then enter the procedure number into the search bar, and find the procedure in the search results window.

5.7 RECYCLABLE PRODUCTS

Offeror shall use recyclable products to the maximum extent economically feasible in the performance of the Services or Work set forth in this document and the subsequent Contract. (ORS 279B.025)

5.8 RESERVED

5.9 RESERVED

SECTION 6: LIST OF ATTACHMENTS

ATTACHMENT A

SAMPLE CONTRACT (For Reference only, Do Not Submit with Proposal)

ATTACHMENT B

DISCLOSURE EXEMPTION AFFIDAVIT

ATTACHMENT C

OFFEROR INFORMATION AND CERTIFICATION SHEET

ATTACHMENT D

REFERENCE CHECK FORM

ATTACHMENT E

COST SHEET

ATTACHMENT F

COBID CERTIFICATION / OUTREACH PLAN

ATTACHMENT G

RESPONSIBILITY INQUIRY

ATTACHMENT H

HISTO ROOM DIAGRAM

�Insert link to OregonBuys landing page

DAS Procurement Services, Version 3 - July 7, 2021